Patlasingi Madhusudhana Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 9212 AP

Andhra Pradesh High Court - Amravati

Patlasingi Madhusudhana Rao vs The State Of Andhra Pradesh on 4 October, 2024

       HIGH COURT OF ANDHRA PRADESH, AMARAVATI
               MAIN CASE No.CRL.A.No.588 OF 2024
                          PROCEEDING SHEET

SL.     DATE                        ORDER                           OFFICE
NO.                                                                  NOTE
04.   04.10.2024 VJP, J
                                I.A.No.1 of 2024
                       The instant petition under Section 389
                 (1) of Code of Criminal Procedure has been
                 filed by the Petitioner/Accused seeking to
                 release him on bail by suspending the
                 sentence imposed against him, pending
                 disposal of the criminal appeal.
                       The Petitioner was convicted and
                 sentenced to undergo rigorous imprisonment
                 of ten years and to pay fine of Rs.40,000/- for
                 the offence under Section 376 (2) (n) IPC IDSI
                 for three months and also sentenced to suffer
                 rigorous imprisonment for one year in
                 S.C.No.105        of      2023      by      the
                 Special Judge for trial of offences against
                 Women-cum-V        Additional    District  and
                 Sessions Judge,Vizianagaram. Fine amount is
                 already paid by the Petitioner.

                       Heard Sri Taddi Nageswara Rao, learned
                 counsel for the Petitioner and Sri C.Panini
                 Somayaji, learned Assistant Public Prosecutor
                 for Respondent.

Learned counsel for the Petitioner / Accused would submit that, this is a case of rape on the misrepresentation of marriage. Learned counsel would further submit that this is a consensual act they have merits to succeed in the appeal. It is further submitted that, during trial the petitioner was on bail. Learned counsel would submit that, the Petitioner has been in jail from the date of conviction.

Learned Assistant Public Prosecutor, would submit that the behaviour of the Petitioner in the jail is satisfactory and Court SL. DATE ORDER OFFICE NO. NOTE may pass appropriate orders.

Considering the submissions made and in the facts and circumstances of the case, as the Petitioner preferred appeal challenging the validity and correctness of the impugned judgment and the hearing of the appeal may take considerable time, it is apposite to suspend the sentence of imprisonment imposed against the Petitioner / Accused on the following terms.

Accordingly, the petition is allowed and the Petitioner / Accused shall be released on bail on executing a personal bond for Rs.20,000/- (Rupees Twenty thousands only) with two sureties for the like sum each to the satisfaction of the learned Special Judge for trial of offences against Women-cum-V Additional District and Sessions Judge,Vizianagaram. Petitioner shall appear before this Court when the matter is posted for final hearing.

_______ VJP, J

List the matter in regular course.

_______ VJP, J Dinesh